Article by Julia Conley republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
“We hope that sharing our story will bring attention to their reckless and unconstitutional attacks on our communities.”
A video taken from the car of two legal observers in the Portland, Oregon area shows an unmarked vehicle with emergency lights flashing, following close behind their car on a street in the suburb of Hillsboro.
About 15 seconds into the video, both cars stop and two masked people get out of the unmarked vehicle and approach the other car, with one carrying a sharp object that they use to puncture the back tire. They approach a second time a few seconds later, slashing the tire again.
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Both of the masked people are wearing vests emblazoned with the name of their government agency: US Immigration and Customs Enforcement (ICE).
The people who filmed the attack, identified as AP and MP in an administrative complaint filed with the US Department of Homeland Security (DHS) on Thursday, had been observing and filming the agents in a Safeway parking lot in Hillsboro, and had used whistles and honked their car horn to alert people about ICE’s presence, before the officers started following them.
Filming ICE agents and other federal officers who have been deployed to carry out President Donald Trump’s mass deportation operation is legal under the First Amendment, as top DHS officials were forced to admit under oath last February.
At the time, people across the nation were reeling from the killings by DHS agents of two legal observers, Renee Good and Alex Pretti, in Minneapolis.
Numerous videos were posted on social media of federal agents threatening people and demanding that they stop exercising their constitutional right to film immigration enforcement operations, with one officer in Maine telling a woman her name would end up in a “nice little database” if she didn’t stop recording him and that she’d be considered a “domestic terrorist.”
In the administrative filing, the legal observers in Hillsboro emphasized that “what happened to us is not unique, and that is what is so terrifying.”
“We observe and record public ICE activity in order to shine a light on their abusive behavior and to create a record of what our government is up to,” they said. “Because of that, they are terrorizing us and anyone else who dares to exercise their First Amendment right to hold our government accountable. We hope that sharing our story will bring attention to their reckless and unconstitutional attacks on our communities.”
In the administrative complaint, filed by the ACLU and the ACLU of Oregon, the legal observers and their attorneys demanded that the DHS investigate the October 7 incident and discipline the agents who slashed the tire.
“In addition, we request that your offices undertake a comprehensive investigation of the pervasive pattern of ICE agents unlawfully retaliating against individuals who observe, gather information about, and record ICE agents performing their duties in public,” reads the complaint. “We urge you to make recommendations for institutional changes to ICE training, oversight, and accountability consistent with your findings in order to prevent further abuses by ICE personnel. More specifically, we strongly urge ICE to adopt policies and implement training and instruction consistent with the First Amendment right to observe, gather information about, and record law enforcement officers performing their duties in public.”
The ACLU has represented several observers who have been surveilled, intimidated, and harassed by federal agents for filming enforcement operations. In Memphis, Tennessee, the group has represented observers who have recorded the operations of the Memphis Safe Task Force, which is made up of more than 30 federal, state, and local agents who have spent more than a year “carrying out mass traffic and street stops and breaking into homes.”
“Task Force agents are systematically retaliating against those who record them, including threatening to arrest them, stopping and questioning them without reasonable suspicion of any crime, sitting outside their homes, and even using excessive force against and arresting them,” according to the ACLU.
The Hillsboro incident took place as DHS was threatening to target so-called “sanctuary” cities like Portland, where local police are restricted from participating in immigration enforcement operations.
“Masked federal officers have no business coming to Oregon to injure or intimidate people,” said Kelly Simon, legal director of the ACLU of Oregon. “Oregonians have the right to support their neighbors and communities by filming and documenting government abuses, and Oregonians should not have to fear retaliation when they exercise their right to record law enforcement.”
Scarlet Kim, a senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project, said that “the right to record publicly visible law enforcement activity is fundamental to our democracy.”
“Like many people across the country, our clients have been observing and recording ICE activity in their community,” she said. “These videos have proven critical to exposing ICE’s abuses. If we cannot see and document what our own government is doing on our streets, we cannot hold it accountable for running roughshod over our rights.”
Article by Julia Conley republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
